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Mark v Kensington (ERC)


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I had my mortgage with the bank of scotland who merged with halifax, now i need statements of my full account history who do i send the SAR request too please.

 

I just asked about statements they said it was £10 per year for statements, is this correct?

 

thanks people.:)

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  • 2 weeks later...

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Mortgage Express charges- settled in full after issuing claim

 

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To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

If my advise helps click here http://www.consumeractiongroup.co.uk/forum/reputation.php?p=366404

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Hi all, im going after my ERC worth 4k with Kensington, im not at the stage where ive sent 2 letters, the 2nd being the LBA letter, now im at the stag I can do online claim but im worried as I dont think theres been any normal ERC claim cases won yet has there, I mean those that didnt claim as they were just a few days or weeks before the time period that would mean they dont get charged an ERC?

 

Ive just receivd today a letter from Kensington giving all sorts of reasons etc etc, quite a long winded letter quoting UTCCR or whatever a lot. They say nope no way there paying up.

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Hi Mark

 

There are people on this site getting the ERC's back - no one has been to court yet either as far as I'm aware - although there are a few companies taking it to the wire.

 

I'm not aware of any one who has successfully got the ERC back from Kensington but there are a few of us who are trying. My tale starts back in June 06 when I asked them to give me details of the ERC, I gave them 3 chances and everytime got no where. I've now registered my claim, I've received their defence and have a court allocation questionnaire to complete - after that I don't know what will happen but I've got £6k riding on this so I'll fight them all the way (hopefully with the help of the people on this site).

 

So in answer to your question, yes people are getting ERC's back but I'm not awawre of any Kensington customers with a success story.

 

At the end of the day it's up to you whether you go for them or not but you're in the right place here & will get all the help & support you need.

 

Good luck :)

Halifax 1

WON - £1,355.49 21/07/06

MINT

WON - £273.81 14/09/06

First Direct

WON - £913.50 01/09/06

Capital One

WON - £130.13 03/11/06

Halifax 2

WON - £188.03 01/12/06

 

Kensington Mortgages ERC

MCOL for £6,204.39 Discontinued

Halifax Mortgage Admin fee

WON - £10.00

Direct Line Mortgage Redemption Fee

WON - £99.00

Halifax 3

MCOL for £109.01 reg 07/03/07

 

http://petitions.pm.gov.uk/redemptionfees/

Please sign this petition x

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If you mean arrears fee - they offered to credit my mortgage balance but with confidentiallity, I said no - so its all got a bit complicated now. Going to a court hearing on the 13 to see if we should go to court.

 

From what I ve seen they seem to pay you off, I seen a lot of threads going quiet soon after they start.

The only thing necessary for the triumph of evil is for good men to do nothing.’ Edmund Burke

 

Total unlawfully taken £3247 (NatWest)

Data Protection Act Sent 05/05/06

Full Response Received 15/06/06

Prelim. Sent 16/06/06

LBA Sent 30/06/06

MOL claim Started 26/07/06

Defence and CPR18 received 26/08/06

AQ Sent 15/09/06

Cobbets Offer Half 18/09/06

Offer Rejected 19/09/06

Court orders Stay 26/09/06

objection sent 29/09/06

Mission Accomplished 9/10/06 :-D

 

Total unlawfully taken £650 (Kensington)

MOL claim Started 26/07/06

Offer received 17/08/06 rejected.

Defence received 26/08/06

Court orders Stay 18/09/06

Objection Sent 23/09/06

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What have you got to lose Mark?

It's likely that they will pay up eventually, but they will probably put up a fight.

It's a decision only you can make really.

 

But do you have anything to lose by going for it?

Halifax 1

WON - £1,355.49 21/07/06

MINT

WON - £273.81 14/09/06

First Direct

WON - £913.50 01/09/06

Capital One

WON - £130.13 03/11/06

Halifax 2

WON - £188.03 01/12/06

 

Kensington Mortgages ERC

MCOL for £6,204.39 Discontinued

Halifax Mortgage Admin fee

WON - £10.00

Direct Line Mortgage Redemption Fee

WON - £99.00

Halifax 3

MCOL for £109.01 reg 07/03/07

 

http://petitions.pm.gov.uk/redemptionfees/

Please sign this petition x

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They are putting up a fight with me as well, but my claim is for nearly £10k. However the defence they filed with the court could have been written by my 11 year old daughter. Just go for it Mark.

Please Click The Scales if I have been of help to you.

 

 

Kensington Mortgages withdrawn. no costs

NatWest Settled in full

Abbey Court Settled in Full

Capital 1 settled in full

Halifax settled in full :D

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I only sent in my Subject Access Request on the 23/11/06 so I'm only just starting out on my quest.

I havn't heard anything from them yet. I might send them another letter in a few weeks.

 

If they do try and pay me off to keep quiet I will only take the money if it totals the ammount they owe me. I'm not going to settle for a couple of hundrad pound off them.

 

I think the reason a lot of kensington posts go quiet, is because it takes Kensington so long to reply.

Subject Access Request for Kensington sent:23/11/06

S.A.R - (Subject Access Request) for Clysdale sent on 24/01/07 which they lost, sent again on 04/04/07

 

AA Payed in full £85:00 15/07/06 woo hoo!!

King's Lyn Gym, £550 settled. Woo hoo my first win!

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In answer to your question - YES YES YES YES YES.

 

These people know what they are doing is unlawful, it is not a matter of misinterpeting the law, or a clerical error, it is a cold hard descision to steal your money. They rely on customers ignorance of the law to get away with it.

 

The only thing that a organisation like Kennsington understand is PROFIT.

The more people make claims, the more they have to spend on defending those claims, the more thier PROFITS suffer - hopefully to a point where it is no longer profitable to make these charges and maybe they 'll start to respect their customers and respect the LAW.

The only thing necessary for the triumph of evil is for good men to do nothing.’ Edmund Burke

 

Total unlawfully taken £3247 (NatWest)

Data Protection Act Sent 05/05/06

Full Response Received 15/06/06

Prelim. Sent 16/06/06

LBA Sent 30/06/06

MOL claim Started 26/07/06

Defence and CPR18 received 26/08/06

AQ Sent 15/09/06

Cobbets Offer Half 18/09/06

Offer Rejected 19/09/06

Court orders Stay 26/09/06

objection sent 29/09/06

Mission Accomplished 9/10/06 :-D

 

Total unlawfully taken £650 (Kensington)

MOL claim Started 26/07/06

Offer received 17/08/06 rejected.

Defence received 26/08/06

Court orders Stay 18/09/06

Objection Sent 23/09/06

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Mark, be determined and go after KMC, even if no one else has succeeded yet. The fact that we are not aware of anyone winning does not mean that no one has.

 

I'm about to commence my letter writing in order to try & claim back £16,000+ in the Early Redemption fee which KMC just grabbed from me. I will fight them all the way, hopefully (as ellielou said), with the help of this great site. I'll keep you posted as the battle proceeds

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